Morning journal and courier. [volume] (New Haven [Conn.]) 1848-1894, 1887-01-29
THE BOYCOTT CASES.

Saturday, January %, 1857.
THE BOYCOTT CASES.
Arguments Made Yesterday Before the
Supreme Court at HarLford-A Five
Hours Session.
The COURIER boycott case came up yester-
day for the final arguments before the Su-
preme Court of Errors in Hartford. The
case was heard by the full bench. The
hearing occupied five hours. Attorney John
W. Alling appeared as the representative of
the State, while Professor johnson T. Plat,
Talcott FL. Russell and James T. Moran ap-
peared for the defendants, who are David T.
Mcnamara, Benjamin F. GIidden and Thomas
F. Mulcahy. None of the defendants were
present.
It was nearly eleven O'Clock before the
chief Justice arrived. johnson T. Platt,
Talcott a. Russell and James T. Moran first
gave an abstract from the record of the lower
court; as Busche was acquitted no questio n
arises as to him. The original complaint was
in four counts. A demurrer having been
overruled defendants were found guilty and
appealed to the Superior court. On July 8,
1886. the prosecution fled new information
in six counts; and again, on the 18th day OF
July, 1886, filed a new and substituted first
count. To each of these counts the accused
demurred, but the demurrers were overruled.
The accused appeal to this court, alleging a.
error the everything of the demurrer as re.
CARDS each of said counts, also certain al
legged errors in rulings in regard to evidence
which will be more particularly considered.
The verdict, too, was against the evidence.
The defense then go on to give an abstract
of the testimony in the Superior court and
after recounting the charges against the ac
cused said:
The defendants are charged with the crime
of conspiracy" and we will first inquire
what is necessary to constitute the offense
The learned judge in the court below in his
charge to the jury defined a criminal con
spiracy as 'a combination, agreement and
confederation of two or more persons to &C
purpose or to effect lawful purpose by I'M
lawful acts and means"
First-Something prohibited by the crimi-
nal law and punished by the infection OF
criminal sanction.
Notwithstanding wrongful and sub
jecting the wrong doer to civil sanction.
Third-As applied to certain contracts, as
in restraint of trade, ETC., which the law
will not enforce.
A conspiracy being an agreement to COM
NIT criminal or unlawful act the criminali-
ty must exist either in the principal act (the
end) or in means by which it is to be &C.
complished. The information must, there
fore, set out directly, and not by influence,
the criminal or unlawful act, either in end or
means. No branch of the law has gone
through SO many transformations as
that relating to conspiracy. In its
present form it had its origin and
the impulse to its growth in the
star chamber (see the Poulterer's case,
Co. Rep, sop, court which legislated as
l.
don says in his history of the great rebellion,
"held for honorable that which pleased, and
for just that which profted." He adds that
the foundation of right was never more in
danger to be destroyed.
At first used to bring popular leaders to
the block, the law of conspiracy has in later
times been invoked to suppress combinations
among workmen to better their condition.
Many of the most eminent judges in this
country have looked upon it with disapprov-
al, and expressed determination to restrict
rather than extend it.
Facts constituting a criminal ofense are
not alleged in any count of the informa-
ton, nor upon the facts set forth was
there any violation of law to the injury of
another for which civil action could be
sustained.
AS to the verdict it was against the
weight of evidence. The evidence bearing
on the alleged conspiracy to extort money
consists of the alleged statements of Kidd,
the testimony of Bertha Palm, the testimo-
ny of the officers of the Darlington Publish
ing company, Messrs. Darlington, Pratt,
what was done in the News boycott, of Mr..
Fowler's testimony, of Mr.. MeCarthy's testi-
mony and of Mr.. Guion's testimony.
The Palm and Kidd statements were the
only direct limitations by anyone of any in
tent to extort money from the COURIER. The
Palm testimony was of very little weight and
if admissible at all is utterly fimsy and
worthless, and wholly insufficient to support
a conviction. The testimony of Darlington,
Baldwin and Conklin is simply to the effect
that Mcnamara referred to the News boycott,
and to the amount which it had cost the
News. as reason why the COURIER should
yield to the threatened boycott, and Mr.. Car
rington says he interpreted that as threat
to demand money. Mr.. Pratt says more
COURIER as the News had been treated but it
is evident he is merely giving his construc
ton of the language used.
By reference to the record it will be seen
that the allegation of extortion was produced
at the last moment in order to save the first
count. It's object was to lay a foundation
for introducing the evidence of the News
boycott in order to prejudice the jury against
the defendants.
The defence further argued that the evil
dence in regard to what Kidd said to Skin
ner about the expenses of the boycott, ETC.,
was not admissible; that the court erred in
admitting the testimony of 81. A. Brakeman,
erred in including the question addressed to
Mr.. Fowler as to the general history of the
News and its conduct, erred in overriding the
objection to the testimony of Judge Deming
as to what Mailhouse said in the City court
as to the printing of cards and circulars and
in admitting said testimony, and in overall
ing the objection of the accused and admit
ling the testimony of Bertha Palm:
The defense occupied considerable time in
citing authorities to the court.
Mr.. Alling in opening for the prosecu ton
made statement of the case in which he
said that in March, 1886, the Darlington
Publishing company had in its employ a
number of compositors who from choice or
necessity did not belong to Typographical
1nion No. IA secret association of printers
in New Haven. After the Morning News
lad become a union Office the compost
,ors of the COURIER became alarmed for their
,wn safety and requested their employer to
consent that his Office be made union Office.
CONSENT was given and the union by its COM
nittee appeared in the composing room
O the COURIER, and took the applications of
he workmen for membership. Soon after
t leaked out that the union was intending not
o admit all the workmen into membership;
hat il intended to accept only four and to
permit only one to remain at work. ''The
est must CO."
The COURIER, learning of this intention,
ourteously reminded the union, before it had
AIKEN its final action, that they understood
he union would admit the workmen and al
ow them to remain in their employment.
The union, however, persisted in carrying
mt their intention. Meanwhile the work
men of the COURIER, learning of the hostility
If the union, had wisely resolved to stand
ogether and all go in or all stay out of the
lnion.
Since the boycott of the COURIER COM
nenced at this point, it is important to
tote theRexact situation. The owners of the
}oURIER had hitherto preserved, as far as
,ossible, a neutral position. They were